Google LLC

This matter concerned an application by Google LLC for an Innovation Patent (IRDA) to be accepted for possible extension of protection to Australia. The decision was made by Adrian Richards, acting as the Registrar.

The sole legal issue before the Registrar was whether the IRDA should be accepted for examination, or rejected. This required the Registrar to consider the provisions of section 17A.24 of the relevant legislation, which outlines the criteria for acceptance or rejection of an IRDA.

The Registrar's reasoning was guided by section 17A.24. Subsection (1) mandates acceptance unless the Registrar is satisfied that the IRDA is not in accordance with the Division or that there are grounds for rejection. Subsection (2) permits acceptance subject to conditions. Subsection (3) requires rejection if the IRDA is not in accordance with the Division or if grounds for rejection exist. Applying these provisions, the Registrar found that the IRDA should be accepted.

Accordingly, the Registrar made the final decision to accept the IRDA for possible extension of protection to Australia.